People v. Miller

Opinion

ELKINGTON, J.

Defendant Jerome D. Miller, following a trial by jury, was convicted of two counts of rape by force and violence and threats of bodily harm (Pen. Code, §§ 261, subd. 4, 261, subd. 5), two counts of robbery (Pen. Code, § 211), and two counts of “simple kidnaping” (Pen. Code, § 207). The kidnaping convictions were of lesser offenses included within the information’s charges of kidnaping for robbery (Pen. Code, § 209). He was sentenced to state prison on a robbery count and an unrelated kidnaping count, the sentences to run consecutively. Sentences on the remaining counts…